1-1 By: Duncan S.B. No. 409 1-2 (In the Senate - Filed February 5, 1999; February 8, 1999, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 March 17, 1999, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; March 17, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the separation of sequestered jurors in a criminal case 1-9 under certain circumstances. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Article 35.23, Code of Criminal Procedure, is 1-12 amended to read as follows: 1-13 Art. 35.23. JURORS MAY SEPARATE. The court may adjourn 1-14 veniremen to any day of the term. When jurors have been sworn in a 1-15 felony case, the court may, at its discretion, permit the jurors to 1-16 separate until the court has given its charge to the jury. The 1-17 court on its own motion may and on the motion of either party 1-18 shall, after having given its charge to the jury, order that the 1-19 jury not be allowed to separate, after which the jury shall be kept 1-20 together, and not permitted to separate except to the extent of 1-21 housing female jurors separate and apart from male jurors or 1-22 permitting jurors to separate for meals or other proper purposes, 1-23 until a verdict has been rendered or the jury finally discharged. 1-24 Any person who makes known to the jury which party made the motion 1-25 not to allow separation of the jury shall be punished for contempt 1-26 of court. If such jurors are kept overnight, facilities shall be 1-27 provided for female jurors separate and apart from the facilities 1-28 provided for male jurors. In misdemeanor cases the court may, at 1-29 its discretion, permit the jurors to separate at any time before 1-30 the verdict. In any case in which the jury is permitted to 1-31 separate, the court shall first give the jurors proper instructions 1-32 with regard to their conduct as jurors when so separated. 1-33 SECTION 2. This Act takes effect September 1, 1999, and 1-34 applies to all criminal proceedings occurring on or after that 1-35 date. 1-36 SECTION 3. The importance of this legislation and the 1-37 crowded condition of the calendars in both houses create an 1-38 emergency and an imperative public necessity that the 1-39 constitutional rule requiring bills to be read on three several 1-40 days in each house be suspended, and this rule is hereby suspended. 1-41 * * * * *